Where fresh evidence establishes an intellectual disability that reduces moral culpability and moderates general deterrence, but the same evidence reveals the offender is a significant danger to the community with poor rehabilitation prospects and elevated need for specific deterrence, the countervailing effects may balance out such that no different sentence is warranted. A non-parole period of 75 per cent of the head sentence may be appropriate where prospects of rehabilitation are very poor and the offender has a history of non-compliance with supervision.
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